control of the area where the various alleged offences occurred at the time they
occurred.
5.
The prosecution’s expert witness acknowledges that identifying a specific
date when a particular town fell under NPFL control is difficult. Territory changed
hands quickly during the early months of the war. Both the NPFL and the
government of Liberia made misleading statements regarding which towns were
under their control. During its advance across Nimba County the NPFL did not have
a clearly defined military structure, although Charles Taylor was universally
recognised as leader of the group during this period. Commanders moved with the
fighting and exercised influence based on the number of soldiers they were able to
recruit and train.
6.
The prosecution’s expert witness indicates that within days of falling under
NPFL control, villages and towns usually received a visit from an NPFL commander
and a detachment of fighters, although the NPFL did not maintain a permanent
presence in all locations. Further, he states that his own research suggests that all of
Nimba County including the major towns and cities was under NPFL control by
early May 1990.
7.
In a memorandum served by the prosecution after the hearing before the
Court of Appeal, the prosecution’s expert clarifies that his use of the term “control”
refers to military rather than administrative control over the area. He states that the
NPFL offensives in early 1990 caused the Armed Forces of Liberia (“AFL”) to
withdraw from nearly all areas of Nimba County and consolidate their forces in
military bases located in strategic towns. This withdrawal created a situation in
which NPFL forces had freedom of movement throughout the County. As a result,
the NPFL was the de facto military authority in the area. Such military control is
said to be very different from administrative control. He states that before June 1990
the NPFL did not have a sustained presence in much of Nimba County. It did not
assign officials to oversee towns or deploy forces to provide security. NPFL forces
passed through towns and villages on an ad hoc basis; there was no sustained or
coordinated occupation. Much of the population lived in a ‘no man’s land’, areas
without any consistent administrative authority, but with the occasional presence of
NPFL fighters.
8.
REDACTED
9.
Following her arrest on 1 June 2017, the appellant denied involvement in the
offences. In her Defence Case Statement, she asserts that at no time did she act in
an official capacity for the NPFL and she disputes that the NPFL was the de facto
government authority in the relevant locations and at the relevant times.
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